Court : Gujarat
Reported in : (1962)3GLR941
..... the intermediate legislation enabling them to make statutorily authorized increases in the rents payable to them and had for the most part (at any rate in england) adopted the method strictly necessary for that purpose of giving notices to determine existing contractual tenancies and subsequently giving notices of the appropriate permitted increases. ..... not necessary for me to consider for the purpose of the present proceedings whether this view of the corresponding section in england which has been taken by the house of lords should be accepted and a similar interpretation should be placed on the ..... persons to whom the premises were affected to be sublet by statutory tenants would be deprived of protection and it was this factor which weighed heavily with the courts in england in talking the view that a statutory tenant is entitled to sublet part of the premises provided he continues in possession of the remainder. ..... restriction acts is to some extent different from the scheme of the rent act and it would not be wise to follow blindly the decisions of the courts in england on the interpretation of the provisions of the english rent restriction acts while construing the provisions of the rent act. ..... this particular feature of the english rent restriction acts seems to have largely influenced the courts in england in reaching the decision that a statutory tenant can sublet part of the premises so long as he retains possession of the remainder for in that event he continues to have his .....
Tag this Judgment!Court : Gujarat
Reported in : [1969]24STC180(Guj)
..... . after thus pointing out the point of distinction between those cases decided by the courts in england and the case before it, the supreme court observed at page 325 of the report : 'we are not dealing in this case with liability, criminal or quasi-criminal ..... ., observed : 'it seems to me that the words 'including the purchase of freehold property in england or wales' can be sufficiently accounted for by regarding them as having been inserted by the draftsman ex super abundanti cautela to make sure that no one could suggest that this clause did not extend to the purchase of freehold ..... . the supreme court in that case distinguished the decisions of the courts in england dealing with cases of quasi-criminal nature, where the substance of the transaction, rather than the legal form in which it might have been clothed, had to be determined ..... . in those cases decided by the courts in england, it was held that if in substance the property in the liquor held by the club - whether incorporated or unincorporated - was vested in the members, when a member received and paid for it, there was no sale within the meaning ..... consideration. the view taken in england in a long line of cases dealing with the liability of clubs supplying intoxicating liquors to their members to obtain justices' licences was that, whether the society or club was incorporated or unincorporated, the liquor held by the society ..... to the same effect are also tile observations of the court of appeal in england in national assistance board v .....
Tag this Judgment!Court : Gujarat
Reported in : 1978ACJ485; AIR1978Guj134; (1978)0GLR492
..... the pattern according to the learned authors, has beenas follows:-&1500 - 1960&2000 - 1961between &2000 and &3000 - 1965 &3500 - 1971 &4000 to &4500 - 1974this analysis shows that the courts in england have raised the awards in such cases under the head of non-pecuniary loss almost three times within a period of 14 years. ..... of money leads to a continuing reassessment of these awards and to periodic reassessments of damages at certain key points in the pattern where the disability is readily identifiable and not subject of large variations in individual cases (see halsbury's laws of england, volume 12, paragraphs 1146 and 1147 at pages 446 and 447). ..... in that decision it has been pointed out that both in england and in this country the settled pattern of awards in personal injury cases is not to award merely token damages but to grant substantial amounts both under the head of personal loss as well as economic loss. ..... as regards continuing reassessment of awards for non-pecuniary loss, the learned authors have given in the foot-note a comparative assessment of various awards made by the courts in england for the loss of sight in one eye as an illustration. .....
Tag this Judgment!Court : Gujarat
Reported in : 1967ACJ252; [1967(14)FLR235]; (1967)0GLR81; (1967)ILLJ186Guj
..... as we have already seen, it has been decided in several cases in england and also by the bombay high court that the mere fact that the deceased workman carried a disease with him would not disentitle his representatives from preferring a claim for compensation under the ..... 866 of halsbury's laws of england, hailsham edn. ..... while doing some work during the hours of his duties, have often arisen in the past and have raised points of law as well as of fact on which there have been several pronouncements both by the courts in england and india. ..... after referring to some other cases decided by the courts in england, shelat, j. ..... 614] and it was held that the decision in the bombay case did not make any departure from the principles laid down in the decisions of the courts in england. ..... therefore, the principle decided therein must be taken as a binding authority and as we have seen, those principles are consistent with the trend of decisions of the courts in england. 27. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1982Guj72; (1982)1GLR437
..... as pointed out earlier, in order to remedy this situation, the legislature stepped in and brought about several amendments between 1908 and 1976 and it is now statutorily settled in england that accident insurance payments received by the dependants shall not be deducted from the amount of damages payable under the fatal accidents acts. ..... in megjibhai's case (air 1977 guj 195) while speaking for the division bench it was pointed out that under the common law of england no action could be laid by the dependants of a person whose death was brought about by the tortious act of another on the maxim actio personalis moritur cum persona although a person injured by a similar act could validly claim ..... in this connection the following passage from ramaswamy iyer's the law of torts, seventh edition, may be reproduce with advantage:- 'in england, it was held that in an action under this act, the damages would be reduced by the amount of an insurance policy obtained by the plaintiff's relative, on the death of the ..... 1-a and 2 of the fatal accidents act, fell back on the general rule laid down by courts in england prior to the amendment of lord campbell's act in 1908 on the ground that it provided a sound and reasonable basis for assessing just compensation in claims under the motor vehicles act ..... interpreting this expression namely, 'proportioned to the loss resulting from death', the courts in england took the view that accident insurance payments were liable to be deducted, vide davies v. .....
Tag this Judgment!Court : Gujarat
Reported in : [1965(11)FLR299]
..... , if there is one principle more than any other recognized and enforced by court of equity in england, it is this that no specific performance should be granted in respect of a contract of personal ..... rules which should guide the court in the exercise of this discretion now, in the matter of exercise of the discretion in such cases there is one rule which has always been recognized by courts of equity in england and which has also found favour with courts in india. ..... the same is the position also in england though at one time for historical reasons a view did prevail in england that where there is a negative covenant, it must be enforced by ..... , therefore, be seen that it is on grounds of public that courts of equity in england refuse to grant specific performance of a contract of personal service. ..... consistently with this attitude the courts of equity in england said that they would not specifically enforce any contract of personal service, for they felt that if they did so, they might turn contracts of personal service into contracts ..... 604] (vide supra) which the courts in england have always regarded as an anomaly not to be extended, ..... this principle was evolved by courts of equity in england on grounds of public policy, for the view taken was that it was against public interest to compel an employee to work for a particular employer against ..... in england the question arose towards the end of the nineteenth century as to how far agreements in restraint of trade could be regarded .....
Tag this Judgment!Court : Gujarat
Reported in : 1976CriLJ1419
..... . but in england and in india the courts stop short at merely inquiring whether the grounds on which the authority has reached its subjective satisfaction are such that any reasonable person could possibly arrive at such satisfaction ..... . has pointed out that so far as this particular ground is concerned, the courts in the united states have gone much further than the courts in england or in india .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj250
..... 39 and 40, previous decisions of a court of co-ordinate jurisdiction are more binding in a system of jurisdiction such as that of england than in a system where the superior authority is that of a code. ..... the principles which are applied in countries like england where most of the law is common law cannot be applied in a country like india where the paramount authority is that of written law. ..... english judges take a different kind of oath, that they will do right to all manner of people according to the laws and customs of england without fear or favour, affection or ill-will. ..... in england factors, which do not apply in india, play their part, in england by its judgment a division court of the court of appeal may make and create new jaw for the first time. ..... we do not know about the constitution of the court of appeal in england. .....
Tag this Judgment!Court : Gujarat
Reported in : (1970)11GLR729
..... but it is clear from the above statement of the law from may that it is an admitted privilege of the house of commons in england recognized by the courts that the control of the house over its internal proceedings is complete and cannot be interfered with by the courts. ..... this reasoning on which the privilege was recognised by the courts in england can have no application under our constitution where, as pointed out earlier, there is no scope for 'dualism' ..... whatever may be the origin of the privileges of the house of commons in england, so far as the legislatures in india are concerned, the privileges which belong to them are the result of express conferment under article 194 clauses (1), (2) and (3) ..... as a matter of fact, it has been found in england which is the cradle of democracy that the power of adjournment has not lent itself to any abuse and if that be so, there is no reason why we should feel apprehensive in this country in reading that power as vested in the house of ..... as a matter of fact even in england, as pointed out by may in parliamentary practice, seventeenth edition, at page 173, the house of commons has not for a hundred years refused to submit its privileges to the decision of the courts and, therefore, it may be said to have ..... need not be stated on the warrant of committal.of course, as pointed out in the majority opinion in the presidential reference and already discussed above, there is no scope under our constitution for any such 'dualism' as exists in england. .....
Tag this Judgment!Court : Gujarat
Reported in : (1973)14GLR194
..... while considering the said question the court referred to what the english law was and observed:thus in blackstone's commentaries, on the laws of england book 3, chapter i, page 5, it is stated as follows : whatsoever unlawfully annoys or both damage to another is a nuisance and such nuisance may be abated, that is, taken away or removed, by the party aggrieved thereby, so as he commits no riot (or breach of the peace) in ..... thus the old law of england and the indian law are different on the point. ..... the law of england appears to me, both in spirit and on principle, to prevent persons from redressing their grievances by their own act.the indian legislature has enacted laws by which a person injured can without any delay remedy the wrong .....
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